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Publication Detail
DP 2008-10: CARP Institutional Assessment in a Post-2008 Transition Scenario: Reforms for the Agrarian Justice System

The study focuses on the implications of a post-2008 CARP transition scenario for the agrarian law and justice system. It addresses the conflicts after the award of certificates of land ownership awards (CLOA) or emancipation patents (EP). There are six types of conflicts within the agrarian sector: 1) dispute between landowners and the farmer beneficiary; 2) conflict between landowner and the state; 3) conflict between the farmer beneficiary and the state; 4) conflict between farmer beneficiaries; 5) disputes between putative landowners that delay or affect the implementation of any part of the agrarian reform program; and 6) disputes involving participants in the agrarian reform program and third parties. Some of the recommendations are: (a) the principal mode to settle disputes between landowners and farmer beneficiaries should be through compulsory arbitration; (b) the DARAB and the BALA should be restructured to allow compulsory arbitration; (c) the still applicable provisions of the Agricultural Land Reform Code, the relationship of agrarian reform with the Public Land Act, and the Property Registration Decree should be included in the statute that will extend the CARP; and (d) the continued training programs for all adjudicators, arbitrators, and agrarian reform lawyers and paralegals should be provided to include alternative dispute processing methodologies.

Philippine APEC Study Center Network
Authors Keywords
Leonen, Marvic M.V.F.; land reform; land; property law/agricultural policy;
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Published in 2008 and available in the PIDS Library or can be downloaded as full text Downloaded 593 times since November 25, 2011